Nellayappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Nellayappan ... Petitioner /Vs./ 1.The District Collector, Tirunelveli.

2.The Block Development Officer, Pappakudi Post, 3.The District Revenue Officer, Tirunelveli.

4.The Revenue Divisional Officer, 5.The Tahsildar, 6.The Village Administrative Office, Papakudi Village Bit-1, 1/5

7.The Village President, Papakudi Village, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents from laying any road in the subject properties measuring 28 cents in Survey No.212/1A and 212/2A in Papakudi Village Bit-1, Cheranmahadevi Taluk, Tirunelveli District without following the due process of law. For Petitioner : Mr.P.Praveenkumar For R1 to R6 : Mr.M.Senthil Ayyanar Government Advocate

ORDER

The writ petition has been filed to forbear the respondents from laying any road in the subject properties measuring 28 cents in Survey No.212/1A and 212/2A in Papakudi Village Bit-1, Cheranmahadevi Taluk, Tirunelveli District.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. The property comprised in S.Nos.171, 210, 211, 212, 213 and 977 to an extent of 12 acres and 33 cents situated at Papakudi Village Bit-1, Cheranmahadevi Taluk, Tirunelveli District is owned by the petitioner. While being so, the respondents are attempting to lay a road in the petitioner's patta land. Therefore, the petitioner submitted a representation to the respondents not to lay any road in his patta land without due process of law.

5. The learned Government Advocate appearing for the respondents on instructions would submit that there is no proposal to lay any road in the property comprised in Survey No.212/1A and 212/2A in Papakudi Village Bit-1, Cheranmahadevi Taluk, Tirunelveli District.

6. Recording the said submission, this writ petition is closed. No costs.

09.01.2025 Index : Yes / No NCC : Yes / No am To 3/5

1.The District Collector, Tirunelveli.

2.The Block Development Officer, Pappakudi Post, 3.The District Revenue Officer, Tirunelveli.

4.The Revenue Divisional Officer, 5.The Tahsildar, 6.The Village Administrative Office, Papakudi Village Bit-1, 4/5

G.K.ILANTHIRAIYAN , J.

am Order made in Dated:

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